6.8.6: Secrecy offences

Context

CSA is subject to the secrecy requirements in the Child Support legislation. The legislation also contains offence provisions for the breach of the secrecy requirements.

Legislative references

Sections 16 and 16AA Child Support (Registration and Collection) Act 1988

Sections 150 and 150AA Child Support (Assessment) Act 1989

Explanation

The Child Support legislation provides secrecy requirements (section 150 and 150AA of the Assessment Act and section 16 and 16AA of the Registration and Collection Act). For more information on CSA's secrecy obligations go to Chapter 6.3 Privacy, secrecy and proof of identity.

The secrecy requirements apply to:

• the Child Support Registrar,
• the Minister for Human Services,
• the Minister for Families, Community Services and Indigenous Affairs,
• the Secretary of the Department of Human Services,
• the Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA),
• the CEO of Centrelink,
• the CEO of Medicare,
• a CSA officer,
• a DHS officer,
• a FaHCSIA officer,
• a Centrelink officer,
• a Medicare officer,
• the Commissioner of Taxation
• a person employed or appointed by, or providing services to, the Commonwealth,
• the Secretary of the Attorney-General's Department or an officer of that department who has received information in relation to overseas maintenance orders or the enforcement of child support overseas,
• any person if the information concerns a credible threat to the life, health or welfare of a person
• a person with a 'sufficient interest'
• a payee of a registered maintenance liability who has notified the Registrar in accordance with section 113A of the Registration and Collection Act of their intention to institute private payee enforcement proceedings.

A person listed above must not (sections 150(2) and 16(2)):

• make a record of any protected information (See Chapter 6.3 for the definition of protected information), or
• communicate any protected information to a person, either directly or indirectly.

The exception is where the person makes the record or communicates the information (sections 150(2A) and 16(2A)):

• under or for the purposes of the Child Support legislation, or
• in the course of performing their duties under, or in relation to, the Child Support legislation.

A further offence, which deals with unauthorised use of information, applies to any person (who is not a person listed above):

• who makes a record of information, communicates, or otherwise makes use of information; and
• that information is information about a person obtained from the records of the Department or CSA, or is information to the effect that there is no information about that person held by CSA or the Department.

See sections 150AA and 150(1) of the Assessment Act and sections 16AA and 16(1) of the Registration and Collection Act.

For example, this offence would apply if personal information was incorrectly sent by CSA to a person (e.g. a letter mailed to the wrong person) and that person records, communicates or otherwise uses that personal information.

The above offence would not apply if a person were to record, communicate or otherwise use personal information that was obtained legally from a source other than the Department or CSA.

People that have legitimately been given personal information (for example, payees who have initiated private payee enforcement proceedings under section 113A of the Registration and Collection Act) may use or record that information for the purpose for which it was given, but would generally be subject to the offence provisions if they were to otherwise use or record it.

The penalty for breaching the secrecy provisions is imprisonment for up to 1 year.

---

Version 1.1

Issued 3 August 2007

Feedback

<<< Previous | Next >>>